Florida Probate Guide
Everything you need to know about the probate process in Florida, including costs, timelines, and requirements.
Step 1: Enter What You Know
Real estate, bank accounts, investments, personal property
Enter the address of the property in the estate
Select the state where the property is located
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How Probate Works in Florida
Florida probate is administered through Circuit Court. The state offers Formal Administration for larger estates and Summary Administration for smaller estates. Florida has specific homestead protections that affect probate.
Important Note for Florida
Florida has strong homestead protections. The family home may pass outside probate with certain restrictions on its disposition. Personal representative compensation is presumed reasonable at statutory rates (§733.617): 3% of the first $1 million, 2.5% of the next $4 million, 2% of the next $5 million, and 1.5% above $10 million.
Florida Probate Timeline
Summary Administration can be completed in 2-3 months. Formal Administration typically takes 6-12 months, with a minimum 3-month creditor period.
Typical Probate Process
Small Estate Threshold
Estates under $75,000 (excluding exempt property and homestead) may qualify for Summary Administration. Estates with no real property under $5,000 may use Disposition Without Administration.
Uniform Probate Code
Not Adopted
Traditional probate rules apply
Free Probate Tools
Use these tools to help navigate the Florida probate process
Probate Cost Calculator
Estimate likely probate expenses for Florida including court fees, attorney fees, and more.
Timeline Estimator
See how long probate may take in Florida based on your situation.
Do I Need Probate?
A simple questionnaire to help determine if probate is required.
Probate Checklist
Step-by-step guide to what needs to be done during probate.
Selling a House in Florida Probate?
In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.
Looking for Another State?
We have comprehensive probate guides and fee calculators for all 50 states and D.C.
View All State GuidesThe information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.